Summary Proceedings Amendment Act 1993

Reprint
as at 29 June 2009

Summary Proceedings Amendment Act 1993

Public Act1993 No 47
Date of assent23 June 1993

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Ministry of Justice.


An Act to amend the Summary Proceedings Act 1957

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title and commencement
  • (1) This Act may be cited as the Summary Proceedings Amendment Act 1993, and shall be read together with and deemed part of the Summary Proceedings Act 1957 (hereinafter referred to as the principal Act).

    (2) This Act shall come into force on the 1st day of September 1993.

2 Interpretation
  • [Repealed]

    Section 2 was repealed, as from 1 July 1996, by section 80 Dog Control Act 1996.

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  • [Repealed]

    Section 2(3)(b) was repealed, as from 1 April 1996, by section 2(3)(b) Summary Proceedings Amendment Act 1995 (1995 No 64).

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15 Rights of representation and appeal
  • [Repealed]

    Section 15 was repealed, as from 30 June 1998, by section 22(2) Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

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20 Restriction on imprisonment
  • (1) This subsection substituted s 106E of the principal Act.

    (2) Notwithstanding anything in this Act or in any other enactment, in the case of any warrant of commitment issued not less than one month before the date of commencement of this section, but not executed before that date, the following provisions shall apply:

    • (a) The warrant shall not be executed unless the defendant is brought before a District Court Judge under section 106E(3) of the principal Act and the Judge is satisfied that the provisions of section 106E(2) of that Act have been met:

    • (b) A warrant shall not be invalid in any case by reason only that paragraph (a) of this subsection is not complied with in that case, nor shall any person be civilly liable in respect of such execution of the warrant:

    • (c) Every defendant who is imprisoned on the basis of such a warrant shall be brought before a District Court Judge in accordance with paragraph (a) of this subsection.

    (3) Notwithstanding anything in this Act or any other enactment, any warrant of commitment issued less than one month before the date of commencement of this section, but not executed before that date, may be executed as if this Act had not been passed.

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23 Resumption of sentence or order on determination of appeal
  • (1) This subsection substituted section 137 and repealed sections 137A to 137D of the principal Act.

    (2) The following enactments are hereby consequentially repealed:

    • (a) Section 18 of the Summary Proceedings Amendment Act 1973:

    • (b) Section 32 of the Criminal Justice Amendment Act 1980:

    • (c) Section 2 of the Summary Proceedings Amendment Act 1981:

    • (e) Section 4 of the Summary Proceedings Amendment Act 1989.

24 If evidence sufficient defendant may be committed for trial or for sentence
  • [Repealed]

    Section 24 was repealed, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38). See section 75 of that Act as to the savings provisions.

25 Order for taking evidence of defence witness
  • [Repealed]

    Section 25: repealed, on 29 June 2009, by section 17 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

26 Power to take statement of person dangerously ill
  • [Repealed]

    Section 26 was repealed as from 1 January 2001, by section 4(2) Summary Proceedings Amendment Act 2000 (2000 No 82).

27 Child complainant's evidence may be given by videotape
  • [Repealed]

    Section 27: repealed, on 29 June 2009, by section 17 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

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Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the Summary Proceedings Amendment Act 1993. It incorporates all the amendments to the Act as at 29 June 2009. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

2 About this eprint
  • This eprint has not been officialised. For more information about officialisation, please see Making online legislation official under Status of legislation on this site in the About section of this website.

3 List of amendments incorporated in this eprint (most recent first)
  • Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41): section 17